Ward’s death does not prevent court from enforcing order previously entered in guardianship cases. ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )

Sowden v. Brea, 47 So. 3d 341 (Fla. 5th DCA 2010)

Trial court erred in holding that upon ward’s death, the only proceedings authorized under Fla. Stat. 744.527(1) were discharge considerations.  Trustee submits to jurisdiction of court by entering into mediation settlement which was approved by court.

Case Impression: Guardians were not required to file new civil action to enforce mediation agreement approved by court during ward’s lifetime.

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